[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3259 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
September 17, 1996.
Resolved, That the bill from the House of Representatives (H.R.
3259) entitled ``An Act to authorize appropriations for fiscal year
1997 for intelligence and intelligence-related activities of the United
States Government, the Community Management Account, and the Central
Intelligence Agency Retirement and Disability System, and for other
purposes.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 1997''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Postponement of applicability of sanctions laws to
intelligence activities.
Sec. 304. Post-employment restrictions.
Sec. 305. Executive branch oversight of budgets of elements of the
intelligence community.
TITLE IV--FEDERAL BUREAU OF INVESTIGATION
Sec. 401. Access to telephone records.
TITLE V--ECONOMIC ESPIONAGE
Sec. 501. Short title.
Sec. 502. Prevention of economic espionage and protection of
proprietary economic information.
TITLE VI--COMBATTING PROLIFERATION
Sec. 601. Short title.
Subtitle A--Assessment of Organization and Structure of Government for
Combatting Proliferation
Sec. 611. Establishment of commission.
Sec. 612. Duties of commission.
Sec. 613. Powers of commission.
Sec. 614. Commission personnel matters.
Sec. 615. Termination of commission.
Sec. 616. Definition.
Sec. 617. Authorization of appropriations.
Subtitle B--Other Matters
Sec. 621. Reports on acquisition of technology relating to weapons of
mass destruction and advanced conventional
munitions.
TITLE VII--RENEWAL AND REFORM OF INTELLIGENCE ACTIVITIES
Sec. 701. Short title.
Sec. 702. Committee on Foreign Intelligence.
Sec. 703. Annual reports on intelligence.
Sec. 704. Transnational threats.
Sec. 705. Office of the Director of Central Intelligence.
Sec. 706. National Intelligence Council.
Sec. 707. Enhancement of authority of Director of Central Intelligence
to manage budget, personnel, and activities
of intelligence community.
Sec. 708. Responsibilities of Secretary of Defense pertaining to the
National Foreign Intelligence Program.
Sec. 709. Improvement of intelligence collection.
Sec. 710. Improvement of analysis and production of intelligence.
Sec. 711. Improvement of administration of intelligence activities.
Sec. 712. Pay level of Assistant Directors of Central Intelligence.
Sec. 713. General Counsel of the Central Intelligence Agency.
Sec. 714. Office of Congressional Affairs of the Director of Central
Intelligence.
Sec. 715. Assistance for law enforcement agencies by intelligence
community.
Sec. 716. Appointment and evaluation of officials responsible for
intelligence-related activities.
Sec. 717. Requirements for submittal of budget information on
intelligence activities.
Sec. 718. Report on intelligence community policy on protecting the
national information infrastructure against
strategic attacks.
TITLE VIII--NATIONAL IMAGERY AND MAPPING AGENCY
Sec. 801. National mission and collection tasking authority for the
National Imagery and Mapping Agency.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 1997
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(6) The Department of State.
(7) The Department of Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The Drug Enforcement Administration.
(11) The National Reconnaissance Office.
(12) The Central Imagery Office.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Ceilings.--The amounts
authorized to be appropriated under section 101, and the authorized
personnel ceilings as of September 30, 1997, for the conduct of the
intelligence and intelligence-related activities of the elements listed
in such section, are those specified in the classified Schedule of
Authorizations prepared to accompany the conference report on the bill
____ of the One Hundred Fourth Congress.
(b) Availability of Classified Schedule of Authorizations.--The
Schedule of Authorizations shall be made available to the Committees on
Appropriations of the Senate and House of Representatives and to the
President. The President shall provide for suitable distribution of the
Schedule, or of appropriate portions of the Schedule, within the
executive branch.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Adjustments.--With the approval of the Director
of the Office of Management and Budget, the Director of Central
Intelligence may authorize employment of civilian personnel in excess
of the number authorized for fiscal year 1997 under section 102 when
the Director of Central Intelligence determines that such action is
necessary to the performance of important intelligence functions,
except that the number of personnel employed in excess of the number
authorized under such section may not, for any element of the
intelligence community, exceed two percent of the number of civilian
personnel authorized under such section for such element.
(b) Notice to Intelligence Committees.--The Director of Central
Intelligence shall promptly notify the Permanent Select Committee on
Intelligence of the House of Representatives and the Select Committee
on Intelligence of the Senate whenever he exercises the authority
granted by this section.
SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorizations of Appropriations.--There is authorized to be
appropriated for the Community Management Account of the Director of
Central Intelligence for fiscal year 1997 the sum of $95,526,000.
Within such amounts authorized, funds identified in the classified
Schedule of Authorizations referred to in section 102(a) for the
Advanced Research and Development Committee and the Environmental Task
Force shall remain available until September 30, 1998.
(b) Authorized Personnel Levels.--The staff of the Community
Management Account of the Director of Central Intelligence is
authorized 265 full-time personnel as of September 30, 1997. Such
personnel of the Community Management Staff may be permanent employees
of the Community Management Staff or personnel detailed from other
elements of the United States Government.
(c) Reimbursement.--During fiscal year 1997, any officer or
employee of the United States or member of the Armed Forces who is
detailed to the staff of the Community Management Account from another
element of the United States Government shall be detailed on a
reimbursable basis, except that any such officer, employee, or member
may be detailed on a non-reimbursable basis for a period of less than
one year for the performance of temporary functions as required by the
Director of Central Intelligence.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 1997 the sum of
$184,200,000.
TITLE III--GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this Act for salary, pay, retirement,
and other benefits for Federal employees may be increased by such
additional or supplemental amounts as may be necessary for increases in
such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or the laws of
the United States.
SEC. 303. POSTPONEMENT OF APPLICABILITY OF SANCTIONS LAWS TO
INTELLIGENCE ACTIVITIES.
Section 905 of the National Security Act of 1947 (50 U.S.C. 441d)
is amended by striking ``the date which is one year after the date of
the enactment of this title'' and inserting ``January 6, 1998''.
SEC. 304. POST-EMPLOYMENT RESTRICTIONS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Director of Central Intelligence shall prescribe
regulations requiring each new and current employee of the Central
Intelligence Agency to sign a written agreement restricting the
activities of that employee upon ceasing employment with the Central
Intelligence Agency.
(b) Agreement Elements.--The regulations shall provide that an
agreement contain provisions specifying that the employee concerned not
represent or advise the government, or any political party, of a
foreign country during the five-year period beginning on the
termination of the employee's employment with the Central Intelligence
Agency.
(c) Disciplinary Actions.--The regulations shall specify
appropriate disciplinary actions (including loss of retirement
benefits) to be taken against any employee determined by the Director
of Central Intelligence to have violated the agreement of the employee
under this section.
SEC. 305. EXECUTIVE BRANCH OVERSIGHT OF BUDGETS OF ELEMENTS OF THE
INTELLIGENCE COMMUNITY.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the President shall submit to the congressional
intelligence committees a report setting forth the actions that have
been taken to ensure adequate oversight by the executive branch of the
budget of the National Reconnaissance Office and the budgets of other
elements of the intelligence community within the Department of
Defense.
(b) Report Elements.--The report required by subsection (a) shall--
(1) describe the extent to which the elements of the
intelligence community carrying out programs and activities in
the National Foreign Intelligence Program are subject to
requirements imposed on other elements and components of the
Department of Defense under the Chief Financial Officers Act of
1990 (Public Law 101-576), and the amendments made by that Act,
and the Federal Financial Management Act of 1994 (title IV of
Public Law 103-356), and the amendments made by that Act;
(2) describe the extent to which such elements submit to
the Office of Management and Budget budget justification
materials and execution reports similar to the budget
justification materials and execution reports submitted to the
Office of Management and Budget by the non-intelligence
components of the Department of Defense;
(3) describe the extent to which the National
Reconnaissance Office submits to the Office of Management and
Budget, the Community Management Staff, and the Office of the
Secretary of Defense--
(A) complete information on the cost, schedule,
performance, and requirements for any new major
acquisition before initiating the acquisition;
(B) yearly reports (including baseline cost and
schedule information) on major acquisitions;
(C) planned and actual expenditures in connection
with major acquisitions; and
(D) variances from any cost baselines for major
acquisitions (including explanations of such
variances); and
(4) assess the extent to which the National Reconnaissance
Office has submitted to Office of Management and Budget, the
Community Management Staff, and the Office of the Secretary of
Defense on a monthly basis a detailed budget execution report
similar to the budget execution report prepared for Department
of Defense programs.
(c) Definitions.--For purposes of this section:
(1) The term ``congressional intelligence committees''
shall mean the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the House
of Representatives.
(2) The term ``National Foreign Intelligence Program'' has
the meaning given such term in section 3(6) of the National
Security Act of 1947 (50 U.S.C. 401a(6)).
TITLE IV--FEDERAL BUREAU OF INVESTIGATION
SEC. 401. ACCESS TO TELEPHONE RECORDS.
(a) Access for Counterintelligence Purposes.--Section 2709(b)(1) of
title 18, United States Code, is amended by inserting ``local and long
distance'' before ``toll billing records''.
(b) Conforming Amendment.--Section 2703(c)(1)(C) of such title is
amended by inserting ``local and long distance'' after ``address,''.
(c) Civil Remedy.--Section 2707 of such title is amended--
(1) in subsection (a), by striking ``customer'' and
inserting ``other person'';
(2) in subsection (c), by adding at the end the following:
``If the violation is willful or intentional, the court may
assess punitive damages. In the case of a successful action to
enforce liability under this section, the court may assess the
costs of the action, together with reasonable attorney fees
determined by the court.'';
(3) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(4) by inserting after subsection (c) the following new
subsection (d):
``(d) Disciplinary Actions for Violations.--If a court determines
that any agency or department of the United States has violated this
chapter and the court finds that the circumstances surrounding the
violation raise the question whether or not an officer or employee of
the agency or department acted willfully or intentionally with respect
to the violation, the agency or department concerned shall promptly
initiate a proceeding to determine whether or not disciplinary action
is warranted against the officer or employee.''.
TITLE V--ECONOMIC ESPIONAGE
SEC. 501. SHORT TITLE.
This title may be cited as the ``Economic Espionage Act of 1996''.
SEC. 502. PREVENTION OF ECONOMIC ESPIONAGE AND PROTECTION OF
PROPRIETARY ECONOMIC INFORMATION.
(a) In General.--Part I of title 18, United States Code, is amended
by inserting after chapter 27 the following new chapter:
``CHAPTER 28--ECONOMIC ESPIONAGE
``Sec.
``571. Definitions.
``572. Economic espionage.
``573. Criminal forfeiture.
``574. Import and export sanctions.
``575. Scope of extraterritorial jurisdiction.
``576. Construction with other laws.
``577. Preservation of confidentiality.
``578. Law enforcement and intelligence activities.
``Sec. 571. Definitions
``For purposes of this chapter, the following definitions shall
apply:
``(1) Foreign agent.--The term `foreign agent' means any
officer, employee, proxy, servant, delegate, or representative
of a foreign nation or government.
``(2) Foreign instrumentality.--The term `foreign
instrumentality' means any agency, bureau, ministry, component,
institution, association, or any legal, commercial, or business
organization, corporation, firm, or entity that is
substantially owned, controlled, sponsored, commanded, managed,
or dominated by a foreign government or any political
subdivision, instrumentality, or other authority thereof.
``(3) Owner.--The term `owner' means the person or persons
in whom, or the United States Government component, department,
or agency in which, rightful legal, beneficial, or equitable
title to, or license in, proprietary economic information is
reposed.
``(4) Proprietary economic information.--The term
`proprietary economic information' means all forms and types of
financial, business, scientific, technical, economic, or
engineering information (including data, plans, tools,
mechanisms, compounds, formulas, designs, prototypes,
processes, procedures, programs, codes, or commercial
strategies, whether tangible or intangible, and whether stored,
compiled, or memorialized physically, electronically,
graphically, photographically, or in writing), if--
``(A) the owner thereof has taken reasonable
measures to keep such information confidential; and
``(B) the information derives independent economic
value, actual or potential, from not being generally
known to, and not being readily ascertainable through
proper means by, the public.
``(5) United states person.--The term `United States
person' means--
``(A) in the case of a natural person, a citizen of
the United States or a permanent resident alien of the
United States; and
``(B) in the case of an organization (as that term
is defined in section 18 of this title), an entity
substantially owned or controlled by citizens of the
United States or permanent resident aliens of the
United States, or incorporated in the United States.
``Sec. 572. Economic espionage
``(a) In General.--Any person who, with knowledge or reason to
believe that he or she is acting on behalf of, or with the intent to
benefit, any foreign nation, government, instrumentality, or agent,
knowingly--
``(1) steals, wrongfully appropriates, takes, carries away,
or conceals, or by fraud, artifice, or deception obtains
proprietary economic information;
``(2) wrongfully copies, duplicates, sketches, draws,
photographs, downloads, uploads, alters, destroys, photocopies,
replicates, transmits, delivers, sends, mails, communicates, or
conveys proprietary economic information;
``(3) being entrusted with, or having lawful possession or
control of, or access to, proprietary economic information,
wrongfully copies, duplicates, sketches, draws, photographs,
downloads, uploads, alters, destroys, photocopies, replicates,
transmits, delivers, sends, mails, communicates, or conveys the
same;
``(4) receives, buys, or possesses proprietary economic
information, knowing the same to have been stolen or wrongfully
appropriated, obtained, or converted;
``(5) attempts to commit any offense described in any of
paragraphs (1) through (4);
``(6) wrongfully solicits another to commit any offense
described in any of paragraphs (1) through (4); or
``(7) conspires with one or more other persons to commit
any offense described in any of paragraphs (1) through (4), and
one or more of such persons do any act to effect the object of
the conspiracy,
shall, except as provided in subsection (b), be fined not more than
$500,000 or imprisoned not more than 25 years, or both.
``(b) Organizations.--Any organization that commits any offense
described in subsection (a) shall be fined not more than $10,000,000.
``(c) Exception.--It shall not be a violation of this section to
disclose proprietary economic information in the case of--
``(1) appropriate disclosures to Congress; or
``(2) disclosures to an authorized official of an executive
agency that are deemed essential to reporting a violation of
United States law.
``Sec. 573. Criminal forfeiture
``(a) In General.--Notwithstanding any provision of State law to
the contrary, any person convicted of a violation under this chapter
shall forfeit to the United States--
``(1) any property constituting, or derived from, any
proceeds the person obtained, directly or indirectly, as the
result of such violation; and
``(2) any of the property of that person used, or intended
to be used, in any manner or part, to commit or facilitate the
commission of such violation.
``(b) Court Action.--The court, in imposing sentence on such
person, shall order, in addition to any other sentence imposed pursuant
to this chapter, that the person forfeit to the United States all
property described in this section.
``(c) Applicability of Other Law.--Property subject to forfeiture
under this section, any seizure and disposition thereof, and any
administrative or judicial proceeding in relation thereto, shall be
governed by the provisions of section 413 of the Comprehensive Drug
Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), other than
subsection (d) of that section.
``Sec. 574. Import and export sanctions
``(a) Action by the President.--The President may, to the extent
consistent with international agreements to which the United States is
a party, prohibit, for a period of not longer than 5 years, the
importation into, or exportation from, the United States, whether by
carriage of tangible items or by transmission, any merchandise
produced, made, assembled, or manufactured by a person convicted of any
offense described in section 572 of this title, or in the case of an
organization convicted of any offense described in such section, its
successor entity or entities.
``(b) Action by the Secretary of the Treasury.--
``(1) Civil penalty.--The Secretary of the Treasury may
impose on any person who knowingly violates any order of the
President issued under the authority of this section, a civil
penalty equal to not more than 5 times the value of the exports
or imports involved, or $100,000, whichever is greater.
``(2) Seizure and forfeiture.--Any merchandise imported or
exported in violation of an order of the President issued under
this section shall be subject to seizure and forfeiture in
accordance with sections 602 through 619 of the Tariff Act of
1930.
``(3) Applicability of other provisions.--The provisions of
law relating to seizure, summary and judicial forfeiture, and
condemnation of property for violation of the United States
customs laws, the disposition of such property or the proceeds
from the sale thereof, the remission or mitigation of such
forfeiture, and the compromise of claims, shall apply to
seizures and forfeitures incurred, or alleged to have been
incurred under this section to the extent that they are
applicable and not inconsistent with the provisions of this
chapter.
``Sec. 575. Scope of extraterritorial jurisdiction
``This chapter applies--
``(1) to conduct occurring within the United States; and
``(2) to conduct occurring outside the United States if--
``(A) the offender is a United States person; or
``(B) the act in furtherance of the offense was
committed in the United States.
``Sec. 576. Construction with other laws
``This chapter shall not be construed to preempt or displace any
other remedies, whether civil or criminal, provided by Federal, State,
commonwealth, possession, or territorial laws that are applicable to
the misappropriation of proprietary economic information.
``Sec. 577. Preservation of confidentiality
``In any prosecution or other proceeding under this chapter, the
court shall enter such orders and take such other action as may be
necessary and appropriate to preserve the confidentiality of
proprietary economic information, consistent with the requirements of
the Federal Rules of Criminal Procedure, the Federal Rules of Civil
Procedure, the Federal Rules of Evidence, and all other applicable
laws. An interlocutory appeal by the United States shall lie from a
decision or order of a district court authorizing or directing the
disclosure of proprietary economic information.
``Sec. 578. Law enforcement and intelligence activities
``This chapter does not prohibit, and shall not impair, any lawful
activity conducted by a law enforcement or regulatory agency of the
United States, a State, or a political subdivision of a State, or an
intelligence agency of the United States.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
part I of title 18, United States Code, is amended by inserting after
the item relating to chapter 27 the following new item:
``28. Economic espionage.................................... 571''.
(c) Conforming Amendment.--Section 2516(1)(a) of title 18, United
States Code, is amended by inserting ``chapter 28 (relating to economic
espionage),'' after ``or under the following chapters of this title:''.
TITLE VI--COMBATTING PROLIFERATION
SEC. 601. SHORT TITLE.
This title may be cited as the ``Combatting Proliferation of
Weapons of Mass Destruction Act of 1996''.
Subtitle A--Assessment of Organization and Structure of Government for
Combatting Proliferation
SEC. 611. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the Commission to Assess the Organization of the Federal Government
to Combat the Proliferation of Weapons of Mass Destruction (in this
subtitle referred to as the ``Commission'').
(b) Membership.--The Commission shall be composed of eight members
of whom--
(1) four shall be appointed by the President;
(2) one shall be appointed by the Majority Leader of the
Senate;
(3) one shall be appointed by the Minority Leader of the
Senate;
(4) one shall be appointed by the Speaker of the House of
Representatives; and
(5) one shall be appointed by the Minority Leader of the
House of Representatives.
(c) Qualifications of Members.--(1) To the maximum extent
practicable, the individuals appointed as members of the Commission
shall be individuals who are nationally recognized for expertise
regarding--
(A) the nonproliferation of weapons of mass destruction;
(B) the efficient and effective implementation of United
States nonproliferation policy; or
(C) the implementation, funding, or oversight of the
national security policies of the United States.
(2) An official who appoints members of the Commission may not
appoint an individual as a member if, in the judgment of the official,
the individual possesses any personal or financial interest in the
discharge of any of the duties of the Commission.
(d) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(e) Initial Meeting.--No later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold its first meeting.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(g) Chairman and Vice Chairman.--The Commission shall select a
Chairman and Vice Chairman from among its members.
(h) Meetings.--The Commission shall meet at the call of the
Chairman.
SEC. 612. DUTIES OF COMMISSION.
(a) Study.--
(1) In general.--The Commission shall carry out a thorough
study of the organization of the Federal Government, including
the elements of the intelligence community, with respect to
combatting the proliferation of weapons of mass destruction.
(2) Specific requirements.--In carrying out the study, the
Commission shall--
(A) assess the current structure and organization
of the departments and agencies of the Federal
Government having responsibilities for combatting the
proliferation of weapons of mass destruction; and
(B) assess the effectiveness of United States
cooperation with foreign governments with respect to
nonproliferation activities, including cooperation--
(i) between elements of the intelligence
community and elements of the intelligence-
gathering services of foreign governments;
(ii) between other departments and agencies
of the Federal Government and the counterparts
to such departments and agencies in foreign
governments; and
(iii) between the Federal Government and
international organizations.
(3) Assessments.--In making the assessments under paragraph
(2), the Commission should address--
(A) the organization of the export control
activities (including licensing and enforcement
activities) of the Federal Government relating to the
proliferation of weapons of mass destruction;
(B) arrangements for coordinating the funding of
United States nonproliferation activities;
(C) existing arrangements governing the flow of
information among departments and agencies of the
Federal Government responsible for nonproliferation
activities;
(D) the effectiveness of the organization and
function of interagency groups in ensuring
implementation of United States treaty obligations,
laws, and policies with respect to nonproliferation;
(E) the administration of sanctions for purposes of
nonproliferation, including the measures taken by
departments and agencies of the Federal Government to
implement, assess, and enhance the effectiveness of
such sanctions;
(F) the organization, management, and oversight of
United States counterproliferation activities;
(G) the recruitment, training, morale, expertise,
retention, and advancement of Federal Government
personnel responsible for the nonproliferation
functions of the Federal Government, including any
problems in such activities;
(H) the role in United States nonproliferation
activities of the National Security Council, the Office
of Management and Budget, the Office of Science and
Technology Policy, and other offices in the Executive
Office of the President having responsibilities for
such activities;
(I) the organization of the activities of the
Federal Government to verify government-to-government
assurances and commitments with respect to
nonproliferation, including assurances regarding the
future use of commodities exported from the United
States; and
(J) the costs and benefits to the United States of
increased centralization and of decreased
centralization in the administration of the
nonproliferation activities of the Federal Government.
(b) Recommendations.--In conducting the study, the Commission shall
develop recommendations on means of improving the effectiveness of the
organization of the departments and agencies of the Federal Government
in meeting the national security interests of the United States with
respect to the proliferation of weapons of mass destruction. Such
recommendations shall include specific recommendations to eliminate
duplications of effort, and other inefficiencies, in and among such
departments and agencies.
(c) Report.--(1) Not later than 18 months after the date of the
enactment of this Act, the Commission shall submit to Congress a report
containing a detailed statement of the findings and conclusions of the
Commission, together with its recommendations for such legislation and
administrative actions as it considers appropriate.
(2) The report shall be submitted in unclassified form, but may
include a classified annex.
SEC. 613. POWERS OF COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out the
purposes of this subtitle.
(b) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from
any Federal department or agency such information as the
Commission considers necessary to carry out the provisions of
this subtitle. Upon request of the Chairman of the Commission,
the head of such department or agency shall furnish such
information to the Commission.
(2) Classified information.--A department or agency may
furnish the Commission classified information under this
subsection. The Commission shall take appropriate actions to
safeguard classified information furnished to the Commission
under this paragraph.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(d) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
SEC. 614. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--
(1) In general.--The Chairman of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--The Chairman of the Commission may fix
the compensation of the executive director and other personnel
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for the executive director and
other personnel may not exceed the rate payable for level V of
the Executive Schedule under section 5316 of such title.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairman of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
SEC. 615. TERMINATION OF COMMISSION.
The Commission shall terminate 60 days after the date on which the
Commission submits its report under section 612(c).
SEC. 616. DEFINITION.
For purposes of this subtitle, the term ``intelligence community''
shall have the meaning given such term in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)).
SEC. 617. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated for the
Commission for fiscal year 1997 such sums as may be necessary for the
Commission to carry out its duties under this subtitle.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain
available for expenditure until the termination of the Commission under
section 615.
Subtitle B--Other Matters
SEC. 621. REPORTS ON ACQUISITION OF TECHNOLOGY RELATING TO WEAPONS OF
MASS DESTRUCTION AND ADVANCED CONVENTIONAL MUNITIONS.
(a) Reports.--Not later than 6 months after the date of the
enactment of this Act, and every 6 months thereafter, the Director of
Central Intelligence shall submit to Congress a report on--
(1) the acquisition by foreign countries during the
preceding 6 months of dual-use and other technology useful for
the development or production of weapons of mass destruction
(including nuclear weapons, chemical weapons, and biological
weapons) and advanced conventional munitions; and
(2) trends in the acquisition of such technology by such
countries.
(b) Form of Reports.--The reports submitted under subsection (a)
shall be submitted in unclassified form, but may include a classified
annex.
TITLE VII--RENEWAL AND REFORM OF INTELLIGENCE ACTIVITIES
SEC. 701. SHORT TITLE.
This title may be cited as the ``Intelligence Activities Renewal
and Reform Act of 1996''.
SEC. 702. COMMITTEE ON FOREIGN INTELLIGENCE.
Section 101 of the National Security Act of 1947 (50 U.S.C. 402) is
amended--
(1) by redesignating subsection (h) as subsection (j); and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h)(1) There is established within the National Security Council
a committee to be known as the `Committee on Foreign Intelligence'.
``(2) The Committee shall be composed of the following:
``(A) The Director of Central Intelligence.
``(B) The Secretary of State.
``(C) The Secretary of Defense.
``(D) The Assistant to the President for National Security
Affairs, who shall serve as the chairperson of the Committee.
``(E) Such other members as the President may designate.
``(3) The function of the Committee shall be to assist the Council
in its activities by--
``(A) identifying the intelligence required to address the
national security interests of the United States as specified
by the President;
``(B) establishing priorities (including funding
priorities) among the programs, projects, and activities that
address such interests and requirements; and
``(C) establishing policies relating to the conduct of
intelligence activities of the United States, including
appropriate roles and missions for the elements of the
intelligence community and appropriate targets of intelligence
collection activities.
``(4) In carrying out its function, the Committee shall--
``(A) conduct an annual review of the national security
interests of the United States;
``(B) identify on an annual basis, and at such other times
as the Council may require, the intelligence required to meet
such interests and establish an order of priority for the
collection and analysis of such intelligence; and
``(C) conduct an annual review of the elements of the
intelligence community in order to determine the success of
such elements in collecting, analyzing, and disseminating the
intelligence identified under subparagraph (B).
``(5) The Committee shall submit each year to the Council and to
the Director of Central Intelligence a comprehensive report on its
activities during the preceding year, including its activities under
paragraphs (3) and (4).''.
SEC. 703. ANNUAL REPORTS ON INTELLIGENCE.
(a) In General.--Section 109 of the National Security Act of 1947
(50 U.S.C. 404d) is amended by striking out subsections (a) and (b) and
inserting in lieu thereof the following new subsections:
``Sec. 109. (a) In General.--(1) Not later than January 31 each
year, the President shall submit to the appropriate congressional
committees a report on the requirements of the United States for
intelligence and the activities of the intelligence community.
``(2) The purpose of the report is to facilitate an assessment of
the activities of the intelligence community during the preceding
fiscal year and to assist in the development of a mission and a budget
for the intelligence community for the fiscal year beginning in the
year in which the report is submitted.
``(3) The report shall be submitted in unclassified form, but may
include a classified annex.
``(b) Matters Covered.--(1) Each report under subsection (a)
shall--
``(A) specify the intelligence required to meet the
national security interests of the United States, and set forth
an order of priority for the collection and analysis of
intelligence required to meet such interests, for the fiscal
year beginning in the year in which the report is submitted;
and
``(B) evaluate the performance of the intelligence
community in collecting and analyzing intelligence required to
meet such interests during the fiscal year ending in the year
preceding the year in which the report is submitted, including
a description of the significant successes and significant
failures of the intelligence community in such collection and
analysis during that fiscal year.
``(2) The report shall specify matters under paragraph (1)(A) in
sufficient detail to assist Congress in making decisions with respect
to the allocation of resources for the matters specified.
``(c) Definition.--In this section, the term `appropriate
congressional committees' means the following:
``(1) The Select Committee on Intelligence, the Committee
on Appropriations, and the Committee on Armed Services of the
Senate.
``(2) The Permanent Select Committee on Intelligence, the
Committee on Appropriations, and the Committee on National
Security of the House of Representatives.''.
(b) Conforming Amendments.--(1) The section heading of such section
is amended to read as follows:
``annual report on intelligence''.
(2) The table of contents in the first section of that Act is
amended by striking the item relating to section 109 and inserting the
following new item:
``Sec. 109. Annual report on intelligence.''.
SEC. 704. TRANSNATIONAL THREATS.
Section 101 of the National Security Act of 1947 (50 U.S.C. 402) is
amended by inserting after subsection (h), as amended by section 702 of
this Act, the following new subsection:
``(i)(1) There is established within the National Security Council
a committee to be known as the `Committee on Transnational Threats'.
``(2) The Committee shall include the following members:
``(A) The Director of Central Intelligence.
``(B) The Secretary of State.
``(C) The Secretary of Defense.
``(D) The Attorney General.
``(E) The Assistant to the President for National Security
Affairs, who shall serve as the chairperson of the Committee.
``(F) Such other members as the President may designate.
``(3) The function of the Committee shall be to coordinate and
direct the activities of the United States Government relating to
combatting transnational threats.
``(4) In carrying out its function, the Committee shall--
``(A) identify transnational threats;
``(B) develop strategies to enable the United States
Government to respond to transnational threats identified under
subparagraph (A);
``(C) monitor implementation of such strategies;
``(D) make recommendations as to appropriate responses to
specific transnational threats;
``(E) assist in the resolution of operational and policy
differences among Federal departments and agencies in their
responses to transnational threats;
``(F) develop policies and procedures to ensure the
effective sharing of information about transnational threats
among Federal departments and agencies, including law
enforcement agencies and the elements of the intelligence
community; and
``(G) develop guidelines to enhance and improve the
coordination of activities of Federal law enforcement agencies
and elements of the intelligence community outside the United
States with respect to transnational threats.
``(5) For purposes of this subsection, the term `transnational
threat' means the following:
``(A) Any transnational activity (including international
terrorism, narcotics trafficking, the proliferation of weapons
of mass destruction and the delivery systems for such weapons,
and organized crime) that threatens the national security of
the United States.
``(B) Any individual or group that engages in an activity
referred to in subparagraph (A).''.
SEC. 705. OFFICE OF THE DIRECTOR OF CENTRAL INTELLIGENCE.
(a) In General.--Title I of The National Security Act of 1947 (50
U.S.C. 402 et seq.) is amended--
(1) in section 102 (50 U.S.C. 403)--
(A) by striking the section heading and all that
follows through paragraph (1) of subsection (a) and
inserting the following:
``office of the director of central intelligence
``Sec. 102.'';
(B) by redesignating paragraph (2) of subsection
(a) as subsection (a) and in such subsection (a), as so
redesignated, by redesignating subparagraphs (A), (B),
and (C) as paragraphs (1), (2), and (3), respectively;
and
(C) by striking subsection (d) and inserting the
following:
``(d)(1) There is an Office of the Director of Central
Intelligence. The function of the Office is to assist the Director of
Central Intelligence in carrying out the duties and responsibilities of
the Director under this Act and to carry out such other duties as may
be prescribed by law.
``(2) The Office of the Director of Central Intelligence is
composed of the following:
``(A) The Director of Central Intelligence.
``(B) The Deputy Director of Central Intelligence.
``(C) The National Intelligence Council.
``(D) The Assistant Director of Central Intelligence for
Collection.
``(E) The Assistant Director of Central Intelligence for
Analysis and Production.
``(F) The Assistant Director of Central Intelligence for
Administration.
``(G) Such other offices and officials as may be
established by law or the Director of Central Intelligence may
establish or designate in the Office.
``(3) To assist the Director in fulfilling the responsibilities of
the Director as head of the intelligence community, the Director shall
employ and utilize in the Office of the Director of Central
Intelligence a professional staff having an expertise in matters
relating to such responsibilities and may establish permanent positions
and appropriate rates of pay with respect to that staff.''; and
(2) by inserting after section 102, as so amended, the
following new section:
``central intelligence agency
``Sec. 102A. There is a Central Intelligence Agency. The function
of the Agency shall be to assist the Director of Central Intelligence
in carrying out the responsibilities referred to in paragraphs (1)
through (4) of section 103(d) of this Act.''.
(b) Clerical Amendment.--The table of contents in the first section
of that Act is amended by striking the item relating to section 102 and
inserting the following new items:
``Sec. 102. Office of the Director of Central Intelligence.
``Sec. 102A. Central Intelligence Agency.''.
SEC. 706. NATIONAL INTELLIGENCE COUNCIL.
Section 103(b) of the National Security Act of 1947 (50 U.S.C. 403-
3(b)) is amended--
(1) in paragraph (1)(B), by inserting ``, or as contractors
of the Council or employees of such contractors,'' after ``on
the Council'';
(2) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively;
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Subject to the direction and control of the Director of
Central Intelligence, the Center may carry out its responsibilities
under this subsection by contract, including contracts for substantive
experts necessary to assist the Center with particular assessments
under this subsection.''; and
(4) in paragraph (5), as so redesignated, by adding at the
end the following: ``The Center shall also be readily
accessible to policymaking officials and other appropriate
individuals not otherwise associated with the intelligence
community.''.
SEC. 707. ENHANCEMENT OF AUTHORITY OF DIRECTOR OF CENTRAL INTELLIGENCE
TO MANAGE BUDGET, PERSONNEL, AND ACTIVITIES OF
INTELLIGENCE COMMUNITY.
(a) In General.--Section 103(c) of the National Security Act of
1947 (50 U.S.C. 403-3(c)) is amended--
(1) by striking paragraph (1) and inserting the following
new paragraph (1):
``(1) facilitate the development of an annual budget for
intelligence and intelligence-related activities of the United
States by--
``(A) developing and presenting to the President an
annual budget for the National Foreign Intelligence
Program; and
``(B) participating in the development by the
Secretary of Defense of the annual budgets for the
Joint Military Intelligence Program and the Tactical
Intelligence and Related Activities Program;'';
(2) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively; and
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3) approve collection requirements, determine collection
priorities, and resolve conflicts in collection priorities
levied on national collection assets, except as otherwise
agreed with the Secretary of Defense pursuant to the direction
of the President;''.
(b) Use of Funds.--Section 104 of the National Security Act of 1947
(50 U.S.C. 403-4) is amended--
(1) by adding at the end of subsection (c) the following:
``The Secretary of Defense shall consult with the Director of
Central Intelligence before reprogramming funds made available
under the Joint Military Intelligence Program.'';
(2) by redesignating subsections (e), (f), and (g) as
subsections (f), (g), and (h), respectively; and
(3) by inserting after subsection (d) the following new
subsection (e):
``(e) Database and Budget Execution Information.--The Director of
Central Intelligence and the Secretary of Defense shall jointly issue
guidance for the development and implementation by the year 2000 of a
database to provide timely and accurate information on the amounts and
status of resources, including periodic budget execution updates, for
national, defense-wide, and tactical intelligence activities.''.
SEC. 708. RESPONSIBILITIES OF SECRETARY OF DEFENSE PERTAINING TO THE
NATIONAL FOREIGN INTELLIGENCE PROGRAM.
Section 105 of the National Security Act of 1947 (50 U.S.C. 403-5)
is amended--
(1) in subsection (a), by inserting ``, in consultation
with the Director of Central Intelligence,'' after ``Secretary
of Defense'' in the matter preceding paragraph (1); and
(2) by adding at the end the following:
``(d) Annual Evaluation of the Director of Central Intelligence.--
The Director of Central Intelligence, in consultation with the
Secretary of Defense and the Chairman of the Joint Chiefs of Staff,
shall submit each year to the Committee on Foreign Intelligence of the
National Security Council and the appropriate congressional committees
(as defined in section 109(c)) an evaluation of the performance and the
responsiveness of the National Security Agency, the National
Reconnaissance Office, and the National Imagery and Mapping Agency in
meeting their national missions.''.
SEC. 709. IMPROVEMENT OF INTELLIGENCE COLLECTION.
(a) Assistant Director of Central Intelligence for Collection.--
Section 102 of the National Security Act of 1947, as amended by section
705(a)(1) of this Act, is amended by adding at the end the following:
``(e)(1) To assist the Director of Central Intelligence in carrying
out the Director's responsibilities under this Act, there shall be an
Assistant Director of Central Intelligence for Collection, who shall be
appointed by the President, by and with the advice and consent of the
Senate.
``(2)(A) If neither the Director of Central Intelligence nor the
Deputy Director of Central Intelligence is a commissioned officer of
the Armed Forces at the time of the nomination of an individual to the
position of Assistant Director of Central Intelligence for Collection,
the President shall nominate an individual for that position from among
the commissioned officers of the Armed Forces who have substantial
experience in managing intelligence activities.
``(B) The provisions of subsection (c)(3) shall apply to any
commissioned officer of the Armed Forces while serving in the position
of Assistant Director for Collection.
``(3) The Assistant Director for Collection shall assist the
Director of Central Intelligence in carrying out the Director's
collection responsibilities in order to ensure the efficient and
effective collection of national intelligence.''.
(b) Consolidation of Human Intelligence Collection Activities.--Not
later than 90 days after the date of the enactment of this Act, the
Director of Central Intelligence and the Deputy Secretary of Defense
shall jointly submit to the Committee on Armed Services and the Select
Committee on Intelligence of the Senate and the National Security
Committee and Permanent Select Committee on Intelligence of the House
of Representatives a report on the ongoing efforts of those officials
to achieve commonality, interoperability, and, where practicable,
consolidation of the collection of clandestine intelligence from human
sources conducted by the Defense Human Intelligence Service of the
Department of Defense and the Directorate of Operations of the Central
Intelligence Agency.
SEC. 710. IMPROVEMENT OF ANALYSIS AND PRODUCTION OF INTELLIGENCE.
Section 102 of the National Security Act of 1947, as amended by
section 709(a) of this Act, is further amended by adding at the end the
following:
``(f)(1) To assist the Director of Central Intelligence in carrying
out the Director's responsibilities under this Act, there shall be an
Assistant Director of Central Intelligence for Analysis and Production,
who shall be appointed by the President, by and with the advice and
consent of the Senate.
``(2) The Assistant Director for Analysis and Production shall--
``(A) oversee the analysis and production of intelligence
by the elements of the intelligence community;
``(B) establish standards and priorities relating to such
analysis and production;
``(C) monitor the allocation of resources for the analysis
and production of intelligence in order to identify unnecessary
duplication in the analysis and production of intelligence;
``(D) identify intelligence to be collected for purposes of
the Assistant Director of Central Intelligence for Collection;
and
``(E) provide such additional analysis and production of
intelligence as the President and the National Security Council
may require.''.
SEC. 711. IMPROVEMENT OF ADMINISTRATION OF INTELLIGENCE ACTIVITIES.
Section 102 of the National Security Act of 1947, as amended by
section 710 of this Act, is further amended by adding at the end the
following:
``(g)(1) To assist the Director of Central Intelligence in carrying
out the Director's responsibilities under this Act, there shall be an
Assistant Director of Central Intelligence for Administration, who
shall be appointed by the President, by and with the advice and consent
of the Senate.
``(2) The Assistant Director for Administration shall manage such
activities relating to the administration of the intelligence community
as the Director of Central Intelligence shall require.''.
SEC. 712. PAY LEVEL OF ASSISTANT DIRECTORS OF CENTRAL INTELLIGENCE.
Section 5315 of title 5, United States Code, is amended by adding
at the end the following:
``Assistant Directors of Central Intelligence (3).''.
SEC. 713. GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE AGENCY.
(a) Establishment of Position.--The Central Intelligence Agency Act
of 1949 (50 U.S.C. 403a et seq.) is amended by adding at the end the
following:
``general counsel of the central intelligence agency
``Sec. 20. (a) There is a General Counsel of the Central
Intelligence Agency, appointed from civilian life by the President, by
and with the advice and consent of the Senate.
``(b) The General Counsel is the chief legal officer of the Central
Intelligence Agency.
``(c) The General Counsel of the Central Intelligence Agency shall
perform such functions as the Director of Central Intelligence may
prescribe.''.
(b) Executive Schedule IV Pay Level.--Section 5315 of title 5,
United States Code, as amended by section 712 of this Act, is further
amended by adding at the end the following:
``General Counsel of the Central Intelligence Agency.''.
SEC. 714. OFFICE OF CONGRESSIONAL AFFAIRS OF THE DIRECTOR OF CENTRAL
INTELLIGENCE.
Section 102 of the National Security Act of 1947, as amended by
section 711 of this Act, is further amended by adding at the end the
following:
``(h)(1) There is hereby established the Office of Congressional
Affairs of the Director of Central Intelligence.
``(2)(A) The Office shall be headed by the Director of the Office
of Congressional Affairs of the Director of Central Intelligence.
``(B) The Director of Central Intelligence may designate the
Director of the Office of Congressional Affairs of the Central
Intelligence Agency to serve as the Director of the Office of
Congressional Affairs of the Director of Central Intelligence.
``(3) The Director shall coordinate the congressional affairs
activities of the elements of the intelligence community and have such
additional responsibilities as the Director of Central Intelligence may
prescribe.
``(4) Nothing in the subsection may be construed to preclude the
elements of the intelligence community from responding directly to
requests from Congress.''.
SEC. 715. ASSISTANCE FOR LAW ENFORCEMENT AGENCIES BY INTELLIGENCE
COMMUNITY.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 402 et seq.) is amended by inserting after section 105 the
following new section:
``assistance to united states law enforcement agencies
``Sec. 105A. (a) Authority To Provide Assistance.--Subject to
subsection (b), elements of the intelligence community may, upon the
request of a United States law enforcement agency, collect information
outside the United States about individuals who are not United States
persons. Such elements may collect such information notwithstanding
that the law enforcement agency intends to use the information
collected for purposes of a law enforcement investigation or
counterintelligence investigation.
``(b) Limitation on Assistance by Elements of Department of
Defense.--(1) With respect to elements within the Department of
Defense, the authority in subsection (a) applies only to the National
Security Agency, the National Reconnaissance Office, and the National
Imagery and Mapping Agency.
``(2) Assistance provided under this section by elements of the
Department of Defense may not include the direct participation of a
member of the Army, Navy, Air Force, or Marine Corps in an arrest or
similar activity.
``(3) Assistance may not be provided under this section by an
element of the Department of Defense if the provision of such
assistance will adversely affect the military preparedness of the
United States.
``(4) The Secretary of Defense shall prescribe regulations
governing the exercise of authority under this section by elements of
the Department of Defense, including regulations relating to the
protection of sources and methods in the exercise of such authority.
``(c) Definitions.--For purposes of subsection (a):
``(1) The term `United States law enforcement agency' means
any department or agency of the Federal Government that the
Attorney General designates as law enforcement agency for
purposes of this section.
``(2) The term `United States person' means the following:
``(A) A United States citizen.
``(B) An alien known by the intelligence agency
concerned to be a permanent resident alien.
``(C) An unincorporated association substantially
composed of United States citizens or permanent
resident aliens.
``(D) A corporation incorporated in the United
States, except for a corporation directed and
controlled by a foreign government or governments.''.
(b) Clerical Amendment.--The table of contents in the first section
of that Act is amended by inserting after the item relating to section
105 the following new item:
``Sec. 105A. Assistance to United States law enforcement agencies.''.
SEC. 716. APPOINTMENT AND EVALUATION OF OFFICIALS RESPONSIBLE FOR
INTELLIGENCE-RELATED ACTIVITIES.
(a) In General.--Section 106 of the National Security Act of 1947
(50 U.S.C. 403-6) is amended to read as follows:
``appointment and evaluation of officials responsible for intelligence-
related activities
``Sec. 106. (a) Concurrence of DCI in Certain Appointments.--(1) In
the event of a vacancy in a position referred to in paragraph (2), the
Secretary of Defense shall obtain the concurrence of the Director of
Central Intelligence before recommending to the President an individual
for appointment to the position. If the Director does not concur in the
recommendation, the Secretary may make the recommendation to the
President without the Director's concurrence, but shall include in the
recommendation a statement that the Director does not concur in the
recommendation.
``(2) Paragraph (1) applies to the following positions:
``(A) The Director of the National Security Agency.
``(B) The Director of the National Reconnaissance Office.
``(b) Consultation with DCI in Certain Appointments.--(1) In the
event of a vacancy in a position referred to in paragraph (2), the head
of the department or agency having jurisdiction over the position shall
consult with the Director of Central Intelligence before appointing an
individual to fill the vacancy or recommending to the President an
individual to be nominated to fill the vacancy.
``(2) Paragraph (1) applies to the following positions:
``(A) The Director of the Defense Intelligence Agency.
``(B) The Assistant Secretary of State for Intelligence and
Research.
``(C) The Director of the Office of Nonproliferation and
National Security of the Department of Energy.
``(D) The Assistant Director, National Security Division of
the Federal Bureau of Investigation.''.
(b) Clerical Amendment.--The table of contents in the first section
of that Act is amended by striking the item relating to section 106 and
inserting in lieu thereof the following new item:
``Sec. 106. Appointment and evaluation of officials responsible for
intelligence-related activities.''.
SEC. 717. REQUIREMENTS FOR SUBMITTAL OF BUDGET INFORMATION ON
INTELLIGENCE ACTIVITIES.
(a) Submittal With Annual Budget.--Notwithstanding any other
provision of law, the President shall include in each budget for a
fiscal year submitted under section 1105 of title 31, United States
Code, the following information:
(1) The aggregate amount appropriated during the current
fiscal year on all intelligence and intelligence-related
activities of the United States Government.
(2) The aggregate amount requested in such budget for the
fiscal year covered by the budget for all intelligence and
intelligence-related activities of the United States
Government.
(b) Form of Submittal.--The President shall submit the information
required under subsection (a) in unclassified form.
SEC. 718. REPORT ON INTELLIGENCE COMMUNITY POLICY ON PROTECTING THE
NATIONAL INFORMATION INFRASTRUCTURE AGAINST STRATEGIC
ATTACKS.
(a) In General.--(1) Not later than 120 days after the date of the
enactment of this Act, the Director of Central Intelligence shall
submit to Congress a report setting forth--
(A) the results of a review of the threats to the United
States on protecting the national information infrastructure
against information warfare and other non-traditional attacks;
and
(B) the counterintelligence response of the Director.
(2) The report shall include a description of the plans of the
intelligence community to provide intelligence support for the
indications, warning, and assessment functions of the intelligence
community with respect to information warfare and other non-traditional
attacks by foreign nations, groups, or individuals against the national
information infrastructure.
(b) Definitions.--For purposes of this section:
(1) The term ``national information infrastructure''
includes the information infrastructure of the public or
private sector.
(2) The term ``intelligence community'' has the meaning
given that term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)).
TITLE VIII--NATIONAL IMAGERY AND MAPPING AGENCY
SEC. 801. NATIONAL MISSION AND COLLECTION TASKING AUTHORITY FOR THE
NATIONAL IMAGERY AND MAPPING AGENCY.
(a) In General.--(1) Title I of the National Security Act of 1947
(50 U.S.C. 402 et seq.) is amended by adding at the end the following:
``national mission and collection tasking authority for the national
imagery and mapping agency
``Sec. 110. (a) National Mission.--The National Imagery and Mapping
Agency shall have a national mission to support the imagery
requirements of the Department of State, the Department of Defense, and
other departments and agencies of the Federal Government. The Director
of Central Intelligence shall establish requirements and priorities to
govern the collection of national intelligence by the National Imagery
and Mapping Agency. The Secretary of Defense and the Director of
Central Intelligence, in consultation with the Chairman of the Joint
Chiefs of Staff, shall jointly identify deficiencies in the
capabilities of the National Imagery and Mapping Agency to accomplish
assigned national missions and shall jointly develop policies and
programs to review and correct such deficiencies.
``(b) Collection and Tasking Authority.--Except as otherwise agreed
by the Director of Central Intelligence and the Secretary of Defense
pursuant to direction provided by the President, the Director of
Central Intelligence has the authority to approve collection
requirements, determine collection priorities, and resolve conflicts in
collection priorities levied on national imagery collection assets.''.
(2) The table of contents in the first section of that Act is
amended by inserting after the item relating to section 109 the
following new item:
``Sec. 110. National mission and collection tasking authority for the
National Imagery and Mapping Agency.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the later of--
(1) the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1997; or
(2) the date of the enactment of this Act.
Attest:
Secretary.
104th CONGRESS
2d Session
H. R. 3259
_______________________________________________________________________
AMENDMENT
HR 3259 EAS----2
HR 3259 EAS----3
HR 3259 EAS----4
HR 3259 EAS----5
HR 3259 EAS----6
HR 3259 EAS----7
HR 3259 EAS----8
HR 3259 EAS----9
HR 3259 EAS----10